Real Estate Law

What’s in a [Deed] Name? An Exploration of Deeds and Warranties

by Treasa Burke | January 8, 2012

Deed type is often a neglected negotiation point in transactional real estate, somewhere far after purchase price and the target closing date, but slightly before whether email notification is acceptable. But the type of deed you receive from your seller can provide meaningful and long-lasting peace of mind (or angst) about the quality of title [...]

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Real Estate Law

Note Investing & Usury Laws: Don’t Get Bit By A Loan Shark!

by Kevin Kaczmarek | September 7, 2011

As with so many of my blog posts, I like sharing some of my actual experiences with you because I believe experience is the best teacher. This one is an important reminder about the fact that note investing requires some serious due diligence before you jump in. Usury Laws! The term just rolls off the [...]

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Real Estate Law

Be Careful When Using A Quit Claim Deed

by Ken Corsini | July 8, 2011

Two weeks ago I wrote a blog about the importance of buying title insurance for investment properties. Most people don’t think they’ll ever actually make a claim on a title policy, but the chances may be higher than most people realize. I’ve actually had to file 3 title claims just this year and as a [...]

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Real Estate Law

Florida Brings About (Not Enough) Change to its LLC Statute

by Clint Coons | May 14, 2011

Last Summer the Florida Supreme Court created a legal Tsunami that washed over the legal community when it handed down it’s opinion in Olmstead v. FTC. In that case, the FTC had obtained a judgment for more than $10 million against Olmstead for operating a credit card scam. The FTC obtained an order requiring the [...]

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Real Estate Law

Important Considerations for Real Estate Contract Assignments

by Clint Coons | February 18, 2011

Last week’s post focused on Finder Fees as part of an overall wholesaling strategy. Another component to this strategy involves securing a property under contract then assigning the rights of that contact to another investor. Sounds simple enough and it is provided you structure it the right way from the outset. Assignability. This is by [...]

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Real Estate Law

FTC’s Mortgage Assistance Relief Services: MARS Rule & Short Sales

by Bill & Jackie Patterson | February 14, 2011

In the mid 90′s there was a lot of talk about a popular book called “Men are from Mars, Women are from Venus”, and it was the topic of many talk shows and conversations. Today, we’re talking about MARS again bit in a different context. Regardless of what planet you’re from, when it comes to [...]

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Real Estate Law

How Can I Make Sure my Real Estate Contract is Legal?

by Jason Hanson | February 13, 2011

“How do I know if the contracts I bought from (insert guru’s name here) are legal in my state?” The above question is one I get often and in my opinion it’s an extremely important one to answer. You see, there are many places you can skimp and be cheap in life and business. For example, [...]

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Real Estate Law

Finder’s Fee in Real Estate Investing – Is it Legal?

by Clint Coons | February 10, 2011

This week I received an inquiry from a real estate investor so fresh from an investment seminar that I could feel the weight of the credit card debt he racked during the event. The investor, like a gladiator looking to win his freedom with one last fight, was ready to tackle wholesaling property and make [...]

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Real Estate Law

The IRS Has its Eye on “S” Corporations

by Clint Coons | January 27, 2011

I have gathered from several responses to my prior post on “C” corporations versus “S” corporations that many active real estate investors prefer the “S” status. The reasons cited for “S” status are flow through tax treatment, i.e., you do not have a separate taxable entity to contend with, and employment tax minimization. For many [...]

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Landlord Tenant

Not Holding on to a Tenant’s Abandoned Property Could Cost You!

by Clint Coons | January 13, 2011

Your tenant has quit paying rent so you serve him a 3-day notice to “Quit or Pay Rent”. Low and behold he does you a favor by abandoning the property. You are ecstatic. What you thought might turn into 2 months or more of lost rental income has suddenly worked out in your favor. You [...]

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Real Estate Law

Raising Money for Your Real Estate Investing in 2011

by Clint Coons | January 6, 2011

“It is natural to indulge in the illusions of hope. We are apt to shut our eyes to that siren until she allures us to our death.” – Gertrude Stein. For many real estate investors, the thought of raising capital to increase their purchasing power is an irresistible allure. However, how one goes about this [...]

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Real Estate Law

What do Motorcycles and Real Estate Investing Have in Common?

by Clint Coons | December 31, 2010

What do motorcycles and real estate have in common? Nothing, but when it comes to buying and selling – everything. I used to watch a “reality show” called American Choppers. For those of you unfamiliar with the show it involves a custom designed motorcycle shop and the daily tensions that arise between the father, the [...]

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Real Estate Law

Six Clauses for Every LLC – Part 2

by Clint Coons | December 10, 2010

The purpose of this post is to provide investors with some guidance in creating their LLCs. So far, I have covered three of six points that in my experience have created the most problems for LLC owners. These six in and of themselves are not an exhaustive list, but a good start toward creating an [...]

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Real Estate Law

Six Clauses Essential for Every LLC – Part 1

by Clint Coons | December 2, 2010

A properly drafted operating agreement can greatly enhance the liability protection. An improperly drafted operating agreement will do the opposite, leaving creditors a superhighway of access to the assets. The issue is how to determine if your operating agreement is properly drafted or not. Most LLC operating agreements that I review fall into what I [...]

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Real Estate

An Alternative to The Self Directed IRA

by Clint Coons | November 11, 2010

Last week I discussed some of the prohibited transaction rules concerning retirement accounts. The point of my post was to make readers aware of the minefields that exist when investing in real estate in these accounts. These rules apply to all forms of retirement accounts, i.e., IRA, 401(k), ROTH IRA, Defined Benefit Plans, ESOP, 401(a), [...]

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